PRODUCTS TERMS AND CONDITIONS: MWEB LTE-A
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these MWEB LTE-A Product Terms the following order of precedence shall apply: (i) these MWEB LTE-A Product Terms; and (ii) the General Terms and Conditions.
In these MWEB LTE-A Product Terms:
1.1 "Blacklist" means the disablement, by electronic or other means, of your SIM Card and/or Modem or whatever other mechanism you utilize to connect to the internet, thereby preventing the unauthorized use thereof;
1.2 "Booster" means the additional amount of data added to your Data Bundle, as selected by you from time to time, once the Data Bundle has been depleted;
1.3 "Call Centre" means our dedicated customer service centre on 087 700 0777, available 365 days a year;
1.4 "Data Bundle" means the data package specifying the amount of data selected by you and available to you per calendar month;
1.5 "Fixed Location" means the specific physical address and/or location selected by you within the Network Coverage area, as specified by you when you complete the Application Form during the sales process;
1.6 "Modem"or “Router” means the compatible modem or device which is required to access the Network in order to connect to the internet;
1.7 "Greylist" means the flagging on the Network or system of a SIM Card and/or Modem for purposes of the identification of your Subscriber Number in order to facilitate the possible tracing and recovery of your SIM Card and/or Modem under circumstances where your SIM Card and/or Modem have been stolen;
1.8 "IMEI Number" means the international mobile equipment identity number unique to and used to identify your mobile phone and/or Router;
1.9 "Initial Fixed Period" means the period selected during the sales process, and indicated on the Application Form which will commence on the Activation Date;
1.10 "Monthly Access Fee" means the monthly subscription fee paid by you to us in consideration for the Service as recorded in the Application Form;
1.11 "MSISDN"or "Subscriber Number" means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service;
1.12 "Network" means the mobile cellular electronic communications network operated by the Network Operator;
1.13 "Service" means the wireless MWEB LTE-A Service selected by you during the sales process on the Application Form and provided to you in terms of the Agreement;
1.14 "Service Charges" means the different fees for the Service as recorded in clause 7 below;
1.15 "SIM Card" means your subscriber identity module card (incorporating an ICC-ID and MSISDN), which bears your MSISDN and enables you to access the Network.
- The Service and MWEB’s Obligations
2.1 MWEB will:
2.1.1 procure the delivery of the Modem and/or SIM Card to you;
2.1.2 provide you with the Service selected by you on the Application Form during the sales process;
2.1.3 make Call Centre support available to you;
2.1.4 bill you for the Service, where applicable;
2.1.5 collect the Service Charges from you, where applicable; and
2.1.6 promptly upon notification from you, lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card.
2.2 We will engage with the Network Operator to take reasonable measures to ensure that the Service is available on a continuous and consistent basis but we cannot guarantee a continuous and fault free Service, and as such the Service is provided "as is" and we shall not be liable for any loss suffered by you due to inconsistency or delay in the Service. The Service is only available at the Fixed Location within the range of base stations that make up the Network. The quality and availability of the Service may sometimes be affected by factors outside our control or the control of the Network Operator, including but not limited to:
2.2.1 local physical obstructions;
2.2.2 bad weather;
2.2.3 radio interference;
2.2.4 the features or functionality of your particular equipment or goods;
2.2.5 the number of people trying to use the Network at the same time; or
2.2.6 transmission links and other network hardware failure.
2.3 The Network Operator provides coverage maps and uses its best efforts to show the extent of the Network Coverage, however the coverage maps are not a guarantee of the quality of service or Network Coverage as it may at times vary from place to place.
2.4 Subscription to the Service is subject to the availability of the Network Coverage at the Fixed Location. The Service is only available to you at the Fixed Location and you will not be able to use the Service on a mobile or a roaming basis. Should you relocate we cannot guarantee that the Service will be available at your new location and we will not be liable to you in any way, in the event you want to use the Service at any location other than the Fixed Location.
2.5 We will provide you with the Modem and SIM Card required to access the Network.
- Your Obligations
3.1 You require an internet enabled compatible device, a Modem and a SIM Card to use the Service. The Modem and SIM Card must be compatible with the Network and technical requirements to provide the Service. In order to ensure that you are able to access the Service correctly to enable us to support you from a technical level, you must also obtain the Modem and SIM Card required to enable the Service from us, and by subscribing to this Service you also accept responsibility to pay the once-off Service Charges for the said Modem and SIM Card aforesaid.
3.2 You are responsible for the Modem, SIM Card, device and the activities done through the internet service from the point of delivery.
3.3 The Service will automatically be Activated within 24 (twenty four) hours from (a) the time of delivery of the Modem and SIM Card to you; or (b) confirmation that you provided the RICA information as per our RICA process, whichever time occurs last.
3.4 In the event of loss or theft of your Modem and/or SIM Card, you will request us to Blacklist or Greylist your Modem and/or SIM Card. This process may require you to report the theft or the missing item to the South African Police Service and to obtain a case number.
3.5 You must immediately notify us of the theft, loss, damage to or destruction of your SIM Card. Upon notification your liability hereunder will be limited to payment of the Monthly Access Fee relative to the SIM Card for the remainder of the Initial Fixed Period or Renewal Period, as the case may be.
3.6 You agree and consent that we may use and make your information available to the Network Operator to maintain a comprehensive and accurate database of our Subscribers, to investigate suspected fraudulent activities, investigate complaints, and for such other purposes as we may require in order to give effect to our obligations under the Agreement and the agreement with our Network Operator.
3.7 The end user of the Service must be a natural person with a genuine intention to use the Service on an ongoing basis.
- Value Added Services
4.1 MWEB will provide you with a mailbox and MWEB e-mail address free of charge.
4.2 The mailbox service is provided to you subject to the terms and conditions applicable to mailboxes which are at http://www.mweb.co.za/legalpolicies. Please ensure that you are familiar with the terms and conditions governing the use of our mailbox service. If you do not agree to any of the terms you may not utilise the mailbox service.
4.3 It lies within the discretion of MWEB to terminate the provisioning of one or more of the value added services during the term of the Agreement, or not to provide the value added service at all. You will be notified in the event of a termination of a value added service.
- Monitoring usage
5.1 We do not guarantee the efficiency of any monitoring service and you remain responsible for the monitoring and controlling of your usage of the Service. We accordingly do not accept any liability or responsibility for any damage or loss you may suffer if you deplete and/or exceed your Data Bundle and/or Booster.
5.2 You are entitled to upgrade to a higher internet traffic package offered as part of the Service at certain times during the Initial Fixed Period or a Renewal Period, subject thereto that you agree to the terms and conditions applicable to such new package from time to time.
5.3 Unless you agreed to a contract and/or package that does not allow downgrades, you may downgrade to a lower internet traffic package, provided that such downgrade is not done within the first 3 (three) months immediately following the Activation Date and subject thereto that you agree to the terms and conditions applicable to such new package from time to time. A downgrade may attract a variable penalty fee, please contact us to verify such penalty fee.
6.1 We or the Network Operator, reserve the right, without cost or penalty to ourselves, to vary or alter any name, code, number, SIM Card and MSISDN relating to or used in connection with the Service offered to you. You may not tamper or permit tampering with the SIM Card or IMEI Number or any branding thereon.
6.2 All rights of ownership attached to your MSISDN and SIM Card shall at all times remain vested in the Network Operator.
6.3 Risk in and the responsibility for the Equipment, Modem and/or SIM Card will pass to you on delivery thereof and you will be liable for the costs of replacing same.
6.4 In the event that you have selected a fixed term contract all rights of ownership attaching to the Modem will vest with us during the Initial Fixed Period or the Renewal Period, as the case may be. Upon the expiry thereof, as the case may be, or in the event that you have a month to month package and paid in full for the Modem, ownership of the Modem, but excluding the software contained in the Modem (the use of which is licensed to you by the Network Operator), will pass to you provided that you have made payment in full of all amounts of whatsoever nature due by you to us.
7.1 You will be liable for payment of the following Service Charges:
7.1.1 The charge for the Modem, SIM Card and connection to the Network – this is a once-off charge;
7.1.2 Monthly Access Fee (under which your Modem and Data Bundle is pro rated) – you will be billed for this monthly in advance;
7.1.3 Call charges or usage charges (including Out of Data Bundle usage) – you will be billed for data and call charges in respect of any other services (for example SMS’s) monthly in arrears based on your usage.
7.2 When you exceed your Data Bundle, you may be able to purchase additional data on an ad-hoc basis by way of a Booster. The Booster purchases will be billed in arrears.
7.3 Where applicable, a Booster will be valid for 30 (thirty) days from the date of purchase whereafter it will expire whether you used all the data purchased or not.
7.4 The Service Charges include value-added tax (VAT) which shall be borne and paid for by you.
7.5 The Monthly Access Fee in the first month of subscription will be pro-rated where the Service is not Activated at the beginning of the calendar month.
7.6 MWEB may, in the event that you fail to make payment of any amount due to us by you, or in the event of suspected fraudulent activity (and irrespective of whether ownership in the Modem has passed to you), Blacklist your Modem and/or your SIM Card, or suspend or terminate the Service, as a result of which you will not be able to access the Network. We furthermore reserve the right to levy a reasonable charge for the Blacklisting or removal of your device/Modem from the Blacklist. Such charge will be due and payable by you within 30 (thirty) days of the date of our tax invoice.
7.7 MWEB will not be liable for any claim or liability of whatsoever nature arising from fraudulent or unauthorised use of the Service and/or the Blacklisting or Greylisting of your Modem and/or SIM Card as provided for in this clause 7.